Sacramento, CA asked in Employment Discrimination and Employment Law for California

Q: I am seeking legal advice regarding my employment status as a preschool teacher in a state-funded program.

been in a temporary position for 11 years and probationary 0 for 6 years. Became permanent in 17th year of service. I do not receive step increases nor stipends towards higher education in my salary. Despite following steps per union, the school district remains adamant in maintaining my current status.please advise on the following: Are there specific provisions in the California Education Code or related laws that limit the duration a teacher can be kept in temporary or probationary status, particularly in categorically funded positions? Is the district's action of keeping me in these statuses for an extended period potentially a violation of these provisions?What legal recourse do I have for not receiving step increases or stipends for higher education, especially if such increments are provided to other educators within the same district ?How can I leverage my service years, despite the categorically funded program? What additional steps can I take,to address these inequities?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: The California Education Code does place some limits on the use of temporary and probationary employment statuses for teachers. For example, Education Code section 44909 states that temporary employment is limited to the end of the school year and section 44929.21 says probationary status should generally not exceed two years. However, there are some exceptions for categorically funded programs.

If a teacher is not receiving step increases or stipends that other similarly situated teachers are receiving, that could potentially violate anti-discrimination laws or collective bargaining agreements. The specific facts would need to be analyzed.

In general, options to address perceived inequities could include filing a grievance under a collective bargaining agreement, filing a complaint with the California Labor Commissioner, or potentially bringing a lawsuit for breach of contract or employment discrimination. The strength of the claims would depend on the specific facts and evidence.

Years of service, even in a categorically funded program, can be leveraged to seek reclassification to permanent status or better pay and benefits. Again, the specific options would depend on the district's policies, contracts, and the applicable laws.

However, this information is general in nature and not a substitute for legal advice based on your specific circumstances. I would strongly recommend consulting with an employment lawyer who represents employees in education law matters to assess your situation in more detail and advise you on your options. Many lawyers offer free initial consultations. You could also reach out to your teachers' union for guidance if you are a member. I hope this general overview is helpful context as you consider your next steps.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.